Table 5.

Statutory ADMs in India.

Mental Health Care Act 2017 - India	Purpose	Required parties involved (preferable inclusions)	Capacity assessment required	Legally binding for MH services	Point at which effective	Requirements to alter/cancel plan
Advance Directives	Prospective management of a condition in the long term/future. Made when service user has capacity to make the decision. Applies to requests and refusals of treatment for a mental illness.	Follows similar process for making a Will.	Yes: requires medical attestation that capacity is present at time of creating advance directive.	Yes: but does not apply to ‘emergency treatment – prevent death or irreversible harm, inflicting serious harm to himself or others, damage to property belonging to himself or to others where such behavior is believed to flow directly from the person's mental illness. Emergency treatment includes transportation of person with mental illness to a nearest mental health establishment for assessment’	When a service user is judged not to have capacity	Requires the same process of creating an advance directive. Ideally with agreement between all parties. In addition to above ‘Board’ may review/alter/modify/cancel advance directives but only based on specific grounds. Board decision can be appealed to High Court of the State.
		Person (not a minor) 2 Witnesses Medical Practitioner (Capacity Attestation) Central Authority/Board (MH Services) (Nominated Representative) (Family/Friends)